The Packaging Waste (Data Collection and Reporting) (Wales) Regulations 2023 (revoked)
Welsh Statutory Instrument 2023 No. 798 — creates 7 criminal offences.
- Made
- 12 July 2023
- In force from
- 17 July 2023
- Extent
- Not stated
- Subject
- Health and safety, environment, waste and fisheries
- Made under
- Schedule 1 to the Pollution Prevention and Control Act 1999
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations impose requirements on producers who are established in Wales to collect data on the packaging they supply to others, and, in some cases, to report some of that information to Natural Resources Wales. Part 1 contains the interpretation and general provisions for the instrument. Part 2 sets out the obligations on producers. Schedule 1 identifies the information which producers are required to collect and report on. Part 3 makes provision for registered schemes and exempts producers who are members of a registered scheme from their data reporting obligations under these Regulations, provided that they satisfy the requirements in regulation 19(2). Registered schemes are required to make reports on behalf of each of their members who satisfy these requirements. Part 3 also makes provision in relation to changes to the membership of a scheme in the middle of a relevant year. Part 4 sets out the powers and duties of Natural Resources Wales under these Regulations. Part 5 provides for a number of offences and penalties for breach of the requirements imposed by these Regulations. These Regulations are enforced by Natural Resources Wales. The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ.
Offences created by this instrument
- A person who contravenes the requirement in regulation 14(3) (notice to NRW) is guilty of an offence regulation 28(1) · Status not determined · Strict liability
- A producer is guilty of an offence if contravening a requirement under any of the following— a regulation 16 (data… regulation 28(2) · Status not determined · Strict liability
- The operator of a registered scheme is guilty of an offence if contravening a requirement under any of the following—… regulation 28(3) · Status not determined · Strict liability
- A person who furnishes any information to NRW in connection with the body’s functions under these Regulations is… regulation 28(4) · Status not determined · Requires proof of a state of mind
- A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 23(2)… regulation 28(5) · Status not determined · Mixed — some elements strict, some not
- A person who— a fails, without reasonable excuse, to give an officer of NRW (an “officer”) any assistance or… regulation 28(6) · Status not determined · Requires proof of a state of mind
- Where— a an offence under these Regulations has been committed by a body corporate or an unincorporated association,… regulation 28(8) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service has no record of this instrument, although it covers the period. Nothing is inferred from that.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2023